Senate Bill S3071A

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3071--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 2, 2015
                               ___________

Introduced  by  Sens.  YOUNG,  DeFRANCISCO,  FARLEY,  GALLIVAN,  GOLDEN,
  LARKIN, MARCHIONE, NOZZOLIO, ORTT -- read twice and  ordered  printed,
  and  when  printed  to  be  committed to the Committee on Children and
  Families -- recommitted to the Committee on Children and  Families  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend the executive law, the family court act, the criminal
  procedure law and the judiciary law, in relation to enacting  "Renee's
  law"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
"Renee's law".
  S  2.  Legislative  findings  and  declaration. The legislature hereby
finds and declares that it is a  fundamental  purpose  of  this  state's
juvenile justice system to provide a safe environment for both the resi-
dents  and  the  staff of programs licensed, certified and registered by
the office of children and  family  services.  The  legislature  further
finds  that a safe environment is ensured by providing staff of programs
licensed, certified and registered by such office with adequate training
and that this function is a primary responsibility of  the  commissioner
of  children  and  family services to ensure. Ensuring the safety of the
communities into which the youth are placed is paramount, requiring that
a youth be placed in appropriate locations to avoid preventable tragedy.
The legislature finds that residents of programs and agencies  licensed,
certified  and  registered by the office of children and family services
are committing serious crimes  within  such  programs,  and  that  these
crimes  are not being reported to the proper authorities. The provisions
of this act provide a critical framework to improve and maintain  safety
within  such  licensed,  certified  and  registered programs, non-profit

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04845-03-6
              

S. 3071--A                          2

community based programs and communities throughout the  state  allowing
youths  under  the  office of children and family services' jurisdiction
the ability to be rehabilitated and receive skills necessary to  inhibit
recidivism.
  S  3.  Section  501  of the executive law is amended by adding two new
subdivisions 7-a and 12-a to read as follows:
  7-A. TO PROVIDE FOR THE DISSEMINATION OF  RECORDS,  FILES  AND  PAPERS
PURSUANT  TO  SUBDIVISION  THREE  OF  SECTION FIVE HUNDRED ONE-C OF THIS
TITLE, PARAGRAPH ONE OF SUBDIVISION (B) OF SECTION ONE HUNDRED SIXTY-SIX
OF THE FAMILY COURT ACT, PARAGRAPH (A) OF SUBDIVISION  FIVE  OF  SECTION
720.35  OF  THE  CRIMINAL PROCEDURE LAW AND PARAGRAPH (A) OF SUBDIVISION
TWO OF SECTION 725.15 OF THE CRIMINAL PROCEDURE LAW.
  12-A. TO ESTABLISH AND PROVIDE FOR THE IMPLEMENTATION OF A  COURSE  OF
TRAINING  TO BE COMPLETED BY ALL STAFF MEMBERS AND EMPLOYEES RESPONSIBLE
FOR THE CARE, CUSTODY, TREATMENT, HOUSING, EDUCATION, REHABILITATION  OR
GUIDANCE  OF  CHILDREN  IN  FACILITIES  IN  WHICH CHILDREN ARE PLACED OR
COMMITTED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES. THE COMMISSION-
ER OF SUCH OFFICE SHALL ESTABLISH PROGRAMS  FOR  PREEMPLOYMENT  TRAINING
AND  IN  SERVICE STAFF DEVELOPMENT AND TRAINING. ALL SUCH TRAINING SHALL
INCLUDE INSTRUCTION IN CHILD ABUSE AND MALTREATMENT PREVENTION AND IDEN-
TIFICATION; STAFF ABUSE PREVENTION AND IDENTIFICATION; SAFETY AND  SECU-
RITY  PROCEDURES;  THE PRINCIPLES OF CHILD DEVELOPMENT; THE USE OF PHYS-
ICAL INTERVENTION; TECHNIQUES OF GROUP AND INDIVIDUAL CHILD  MANAGEMENT;
GANG  AWARENESS;  ABSENT  WITHOUT LEAVE PROCEDURES; CONFLICT RESOLUTION;
AND THE LAWS, RULES AND REGULATIONS GOVERNING THE PROTECTION OF CHILDREN
FROM ABUSE AND MALTREATMENT. SUCH COMMISSIONER  SHALL  ENSURE  THAT  ALL
TRAINING  CONDUCTED  PURSUANT TO THIS SUBDIVISION IS EVIDENCE BASED, AND
EVALUATED AND UPDATED ON AN ANNUAL BASIS.   THE FAILURE TO  PROVIDE  THE
TRAINING  REQUIRED  BY THIS SUBDIVISION SHALL CONSTITUTE NEGLECT OF DUTY
FOR WHICH THE GOVERNOR MAY REMOVE THE COMMISSIONER OF CHILDREN AND FAMI-
LY SERVICES FROM OFFICE.
  S 4. Section 501-c of the executive law is amended  by  adding  a  new
subdivision 3 to read as follows:
  3.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
THE RECORDS AND FILES INCLUDING, BUT NOT LIMITED  TO,  UNUSUAL  INCIDENT
REPORTS,   MENTAL  HEALTH  AND  DEVELOPMENTAL  DISABILITY  REPORTS,  AND
PROGRESS REPORTS, OF EACH  JUVENILE  DELINQUENT,  JUVENILE  OFFENDER  OR
YOUTHFUL  OFFENDER PLACED WITH OR COMMITTED TO THE CUSTODY OF THE OFFICE
OF CHILDREN AND FAMILY SERVICES SHALL BE MADE AVAILABLE:
  (A) TO THE STAFF MEMBERS AND EMPLOYEES OF THE FACILITY, WHETHER  OPER-
ATED  BY  SUCH  OFFICE  OR  NOT,  IN WHICH THE DELINQUENT OR OFFENDER IS
PLACED OR COMMITTED, WHEN THE STAFF MEMBER OR  EMPLOYEE  IS  RESPONSIBLE
FOR  THE CARE, CUSTODY, TREATMENT, HOUSING, EDUCATION, REHABILITATION OR
GUIDANCE OF THE AFFECTED YOUTH;
  (B) IN THE EVENT SUCH DELINQUENT OR OFFENDER  ENGAGES  IN  CONDUCT  OR
COMMITS  AN  ACT WHICH WOULD CONSTITUTE A CRIME DEFINED IN THE PENAL LAW
IF THE YOUTH WAS AN ADULT OR COMMITS A CRIME DEFINED IN THE  PENAL  LAW,
TO  THE  COURT,  THE  PRESENTMENT  AGENCY  OR DISTRICT ATTORNEY, AND THE
ATTORNEY REPRESENTING THE YOUTH UPON THE FILING OF CHARGES  AGAINST  THE
YOUTH RELATING TO SUCH CRIME; AND
  (C)  TO ANY FOSTER PARENTS HAVING CUSTODY OF SUCH DELINQUENT OR OFFEN-
DER AFTER RELEASE FROM THE CUSTODY OF THE OFFICE OF CHILDREN AND  FAMILY
SERVICES, EXCLUDING MENTAL HEALTH AND DEVELOPMENTAL DISABILITY REPORTS.
  S  5.  The  executive  law is amended by adding a new section 501-i to
read as follows:

S. 3071--A                          3

  S 501-I. CUSTODY, CONTROL AND DISCHARGE OF DETAINED YOUTH. 1.   PLACE-
MENT.  THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PLACE EACH YOUTH
COMMITTED TO ITS CUSTODY UPON THE BASIS OF SUCH YOUTH'S RISK  ASSESSMENT
VALUE AS SET FORTH IN SUBDIVISION THREE OF THIS SECTION.  PROVIDED, THAT
NO  YOUTH  CONVICTED  OF OR ADJUDICATED AS HAVING COMMITTED A DESIGNATED
FELONY, OR FOUND TO HAVE COMMITTED TWO OR MORE LEVEL C  RULE  VIOLATIONS
WHILE  IN  CUSTODY, OR FOUND TO HAVE COMMITTED FOUR OR MORE LEVEL B RULE
VIOLATIONS WITHIN THE PREVIOUS THREE MONTHS SHALL BE  AUTHORIZED  TO  BE
PLACED  IN  ANY  PROGRAM  OR FACILITY THAT IS NOT DESIGNATED AS A SECURE
FACILITY. FURTHERMORE, NO YOUTH HAVING A RISK  LEVEL  OF  III  SHALL  BE
PLACED IN ANY PROGRAM LICENSED, REGISTERED OR CERTIFIED BY THE OFFICE OF
CHILDREN AND FAMILY SERVICES WHICH IS NOT A SECURE FACILITY.
  2.  MOVEMENT  TO  LOWER LEVEL OF CUSTODY. PRIOR TO THE MOVEMENT OF ANY
YOUTH TO A LOWER LEVEL OF CUSTODY, A RISK ASSESSMENT SHALL BE  CONDUCTED
FOR  SUCH YOUTH. SUCH ASSESSMENT SHALL BE COMPLETED BY THE STAFF CHARGED
WITH THE DAILY CARE AND CUSTODY OF THE YOUTH. UPON COMPLETION OF A  RISK
ASSESSMENT  OF  A YOUTH, THE FACILITY OR PROGRAM WHICH WILL RECEIVE SUCH
YOUTH SHALL VERIFY WHETHER IT MEETS THE STAFFING REQUIREMENTS OF  SUBDI-
VISION SIX OF THIS SECTION.
  3.  RISK ASSESSMENT. THE COMMISSIONER OF CHILDREN AND FAMILY SERVICES,
OR HIS OR HER DESIGNEE, SHALL ESTABLISH A RISK ASSESSMENT VALUE FOR EACH
YOUTH COMMITTED TO THE CUSTODY OF THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES.  THE  RISK  ASSESSMENT VALUE OF EACH YOUTH SHALL BE DERIVED BY
ADDING THE YOUTH'S FACTORS FOR FACILITY RULE VIOLATIONS TO  HIS  OR  HER
PRIOR  OFFENSE  HISTORY, AND SUBTRACTING THEREFROM HIS OR HER MITIGATING
FACTORS.
  (A) FACILITY RULE FACTORS SHALL BE DETERMINED BY:
  (I) THE NUMBER OF LEVEL B RULE VIOLATIONS MULTIPLIED BY TWO; AND
  (II) THE NUMBER OF LEVEL C RULE VIOLATIONS MULTIPLIED BY THREE.
  (B) PRIOR OFFENSE HISTORY FACTOR SHALL BE DETERMINED BY:
  (I) THE NUMBER OF OPEN OR PRIOR  JUVENILE  DELINQUENCY  DETERMINATIONS
WITHIN  THE  PREVIOUS  THREE  YEARS:  ONE  POINT PER OFFENSE, BUT NOT TO
EXCEED THREE POINTS;
  (II) THE NUMBER OF OFFENSES PENDING PROSECUTION BY THE  COUNTY  ATTOR-
NEY:  ONE POINT PER OFFENSE, BUT NOT TO EXCEED THREE POINTS;
  (III) A PENDING FAMILY COURT FELONY OFFENSE: FOUR POINTS;
  (IV)  A  PENDING  FAMILY  COURT  MISDEMEANOR  OFFENSE:  ONE  POINT PER
OFFENSE, BUT NOT TO EXCEED THREE POINTS;
  (V) A PAST FELONY ADJUDICATION WITHIN THE PREVIOUS THREE  YEARS:  FIVE
POINTS;
  (VI)  TWO  OR MORE MISDEMEANOR ADJUDICATIONS WITHIN THE PREVIOUS THREE
YEARS: THREE POINTS; AND
  (VII) ONE MISDEMEANOR ADJUDICATION WITHIN THE  PREVIOUS  THREE  YEARS:
ONE POINT.
  (C) MITIGATING FACTOR SHALL BE DETERMINED BY:
  (I) THE LACK OF PRIOR ARRESTS OR ADJUDICATIONS: ONE POINT;
  (II)  NOT  BEING SUBJECT TO A PERSON IN NEED OF SUPERVISION PROCEEDING
WITHIN THE PREVIOUS THREE YEARS: ONE POINT;
  (III)  CURRENTLY  ACTIVELY  COOPERATING  IN  COUNSELING,   PREVENTION,
SERVICES OR A PROGRAM: ONE POINT.
  4.  DEFINITIONS. AS USED IN THIS ARTICLE:
  (A)  "DESIGNATED  FELONY"  SHALL MEAN AND INCLUDE ANY OF THE FOLLOWING
FELONIES DEFINED IN THE PENAL LAW: MURDER IN THE FIRST DEGREE, MURDER IN
THE SECOND DEGREE, MANSLAUGHTER IN THE FIRST DEGREE, MANSLAUGHTER IN THE
SECOND DEGREE, KIDNAPPING IN  THE  FIRST  DEGREE,  ARSON  IN  THE  FIRST
DEGREE,  ASSAULT  IN THE FIRST DEGREE, GANG ASSAULT IN THE FIRST DEGREE,

S. 3071--A                          4

ARSON IN THE SECOND DEGREE, ROBBERY IN THE FIRST DEGREE, GANG ASSAULT IN
THE SECOND DEGREE, AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE, RAPE  IN
THE  FIRST  DEGREE, CRIMINAL SEXUAL ACT IN THE FIRST DEGREE, BURGLARY IN
THE FIRST DEGREE.
  (B)  "DESIGNATED  RISK  LEVEL"  SHALL MEAN AN ASSESSMENT OF EACH YOUTH
COMMITTED TO THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY  SERVICES,
IN  WHICH,  IN  LIGHT  OF ALL AVAILABLE RECORDS, THE NUMBER AND TYPES OF
OFFENSES AND RULE VIOLATIONS COMMITTED BY SUCH YOUTH WHILE IN  THE  CARE
AND  CUSTODY  OF  THE  OFFICE OF CHILDREN AND FAMILY SERVICES AND IN ANY
PROGRAM LICENSED, REGISTERED OR CERTIFIED BY SUCH OFFICE,  AND  PREVIOUS
CRIMINAL  AND  JUVENILE DELINQUENCY DETERMINATIONS, SUCH YOUTH IS DETER-
MINED TO PRESENT A LOW, MODERATE OR  HIGH  RISK  OF  COMMITTING  ANOTHER
CRIME DEFINED IN THE PENAL LAW OR WHICH WOULD CONSTITUTE SUCH A CRIME IF
COMMITTED  BY  AN  ADULT,  OR POSES A THREAT TO THE SAFETY OF HIMSELF OR
HERSELF OR OTHERS.
  (I) "RISK LEVEL I" MEANS A YOUTH  HAS  A  LOW  RISK  OF  REPEATING  OR
COMMITTING ADDITIONAL OFFENSES OR RULE VIOLATIONS, OR POSES NO DANGER TO
PUBLIC SAFETY. A YOUTH DETERMINED TO HAVE A RISK LEVEL OF I SHALL HAVE A
RISK FACTOR OF THREE POINTS OR LESS.
  (II) "RISK LEVEL II" MEANS A YOUTH HAS A MODERATE RISK OF REPEATING OR
COMMITTING  ADDITIONAL  OFFENSES OR RULE VIOLATIONS, OR POSES A MODERATE
THREAT TO PUBLIC SAFETY. A YOUTH DETERMINED TO HAVE A RISK LEVEL  OF  II
SHALL HAVE A RISK FACTOR OF BETWEEN FOUR AND EIGHT POINTS.
  (III)  "RISK  LEVEL III" MEANS A YOUTH HAS A HIGH RISK OF REPEATING OR
COMMITTING ADDITIONAL OFFENSES OR RULE VIOLATIONS, OR  POSES  A  SERIOUS
THREAT  TO  PUBLIC  SAFETY. A YOUTH DETERMINED TO BE A RISK LEVEL OF III
SHALL HAVE A RISK FACTOR OF NINE OR MORE POINTS.
  (C) "EGREGIOUS ACT" SHALL MEAN AN ACT WHICH  IS  CONSPICUOUSLY  OFFEN-
SIVE, INTENTIONAL OR BLATANT.
  (D) "PERSISTENT PATTERN" SHALL MEAN A COURSE OF CONDUCT THAT IS INTEN-
TIONALLY REPETITIVE.
  5.  RULE VIOLATIONS. (A) A YOUTH IS GUILTY OF A LEVEL B VIOLATION WHEN
HE OR SHE:
  (I) ATTEMPTS TO, CONSPIRES TO OR ACTS AS AN  ACCESSORY  TO  AN  ESCAPE
ATTEMPT FROM ANY FACILITY, PROGRAM OR CUSTODY;
  (II)  WITHHOLDS INFORMATION ABOUT AN ATTEMPTED ESCAPE OR ABSENCE WITH-
OUT LEAVE;
  (III) ENGAGES IN ANY VIOLENT CONDUCT INVOLVING THE THREAT OF VIOLENCE;
  (IV) PRACTICES OR INSTRUCTS OTHERS IN MARTIAL ARTS, SPARRING  OR  SELF
DEFENSE TECHNIQUES;
  (V) ENGAGES IN GANG-RELATED HAND, VERBAL OR WRITTEN COMMUNICATION;
  (VI) INTENTIONALLY EXPOSES THE PRIVATE PARTS OF THEIR BODIES;
  (VII)  MAKES  ANY  THREAT  VERBALLY,  IN  WRITING OR BY GESTURE TO ANY
PERSON;
  (VIII) POSSESSES UNAUTHORIZED SECURITY-RELATED EQUIPMENT SUCH AS KEYS,
VEHICULAR KEYS, COMMUNICATION DEVICES OR RESTRAINT EQUIPMENT;
  (IX) MAKES, USES, POSSESSES, SELLS  OR  EXCHANGES,  OR  IS  UNDER  THE
INFLUENCE OF ANY ALCOHOLIC BEVERAGE OR INTOXICANT;
  (X) MAKES, USES, POSSESSES, SELLS OR EXCHANGES, OR IS UNDER THE INFLU-
ENCE OF ANY NARCOTIC, NARCOTIC PARAPHERNALIA OR CONTROLLED SUBSTANCE;
  (XI) POSSESSES OUTDATED OR UNAUTHORIZED TYPES OR QUANTITIES OF MEDICA-
TION;
  (XII)  SELLS  OUTDATED  OR UNAUTHORIZED TYPES OR QUANTITIES OF MEDICA-
TION;

S. 3071--A                          5

  (XIII) ATTEMPTS TO SMUGGLE OR ATTEMPTS TO SOLICIT  OTHERS  TO  SMUGGLE
ANY  ITEM  INTO  OR OUT OF A FACILITY OR PROGRAM OR FROM ONE FACILITY OR
PROGRAM AREA TO ANOTHER;
  (XIV)  ENGAGES IN ANY VERBAL BEHAVIOR WHICH INTERFERES WITH THE SECURE
AND ORDERLY OPERATION OF THE FACILITY;
  (XV) ENGAGES IN ANY VERBAL BEHAVIOR WHICH  MAY  RESULT  IN  INJURY  TO
STAFF OR RESIDENTS;
  (XVI)  ENGAGES IN ANY PHYSICAL, PERSISTENT OR EGREGIOUS BEHAVIOR WHICH
INTERFERES WITH THE SECURE AND ORDERLY OPERATION OF THE FACILITY;
  (XVII) ENGAGES IN ANY PHYSICAL, PERSISTENT OR EGREGIOUS BEHAVIOR WHICH
MAY RESULT IN INJURY TO STAFF OR RESIDENTS;
  (XVIII) SPITS, URINATES OR DEFECATES ON THE FLOOR OR ANY OTHER AREA;
  (XIX) THROWS URINE OR FECES OR SANITARY ITEMS;
  (XX) FAILS TO COMPLY OR OTHERWISE DISRUPTS FACILITY AND PROGRAM  COUNT
PROCEDURES;
  (XXI)  MUTILATES OR DEFACES HIS OR HER BODY, OR ENGAGES IN THE MUTILA-
TION OR DEFACEMENT OF ANOTHER PERSON'S BODY; OR
  (XXII) ENGAGES IN A PERSISTENT PATTERN OF  INFRACTIONS  AND  FAILS  TO
RESPOND  TO  SANCTIONS  PREVIOUSLY IMPOSED BY AN INDIVIDUAL CHARGED WITH
SUCH YOUTH'S CARE OR CUSTODY.
  (B) A YOUTH IS GUILTY OF A LEVEL C VIOLATION WHEN HE OR SHE:
  (I) COMMITS OR ATTEMPTS TO COMMIT ANY OFFENSE  DEFINED  IN  THE  PENAL
LAW;
  (II) STARTS OR ATTEMPTS TO START A FIRE, WITHOUT AUTHORIZATION;
  (III) CAUSES OR ATTEMPTS TO CAUSE AN EXPLOSION;
  (IV)  POSSESSES  AN EXPLOSIVE DEVICE OR MATERIALS WHICH CAN BE USED TO
MAKE AN EXPLOSIVE DEVICE;
  (V) INFLICTS OR ATTEMPTS TO INFLICT BODILY HARM UPON ANOTHER RESIDENT,
A STAFF MEMBER OR ANY OTHER PERSON;
  (VI) ENGAGES IN FIGHTING;
  (VII) CONSPIRES OR TAKES ANY ACTION WHICH IS INTENDED TO OR RESULTS IN
THE TAKEOVER OF ANY AREA OF A FACILITY  OR  PROGRAM,  OR,  ACTING  IN  A
GROUP, ENGAGES IN ANY VIOLENT CONDUCT OR CONDUCT INVOLVING THE THREAT OF
VIOLENCE;
  (VIII)  ENGAGES  WITH  OTHERS  IN  ANY  VIOLENT  CONDUCT  OR THREAT OF
VIOLENCE;
  (IX) LEADS, ORGANIZES OR  URGES  OTHER  RESIDENTS  TO  PARTICIPATE  IN
ACTIONS DETRIMENTAL TO THE ORDER OF A FACILITY OR PROGRAM;
  (X)  ENGAGES  IN OR ENCOURAGES OTHERS TO ENGAGE IN UNAUTHORIZED ORGAN-
IZATIONAL ACTIVITIES OR MEETINGS;
  (XI) DISPLAYS, WEARS,  POSSESSES,  DISTRIBUTES  OR  USES  UNAUTHORIZED
ORGANIZATIONAL INSIGNIA OR MATERIALS;
  (XII)  MAKES,  POSSESSES, SELLS, EXCHANGES OR USES ANY GUN, FIREARM OR
AMMUNITION, KNIFE, RAZOR, SHARPENED INSTRUMENT, TOOL OR OTHER ITEM CLAS-
SIFIED AS A WEAPON BY USE OR APPEARANCE;
  (XIII) CONSPIRES TO, IS AN ACCESSORY TO OR  COMMITS  ESCAPE  FROM  ANY
PROGRAM  OR CUSTODY, OR WITHHOLDS INFORMATION ABOUT AN ESCAPE OR ABSENCE
WITHOUT LEAVE;
  (XIV) INTENTIONALLY FAILS OR ATTEMPTS TO FAIL TO RETURN AT  OR  BEFORE
THE TIME PRESCRIBED FOR HIS OR HER RETURN;
  (XV)  ENGAGES  IN, ENCOURAGES, SOLICITS OR ATTEMPTS TO FORCE OTHERS TO
ENGAGE IN SEXUAL ACTS OR GESTURES;
  (XVI) TAMPERS WITH OR THREATENS WITNESSES OR INFORMANTS IN ANY  INVES-
TIGATION; OR
  (XVII)  POSSESSES  TOOLS, CULINARY INSTRUMENTS OR OTHER ITEMS THAT MAY
BE CLASSIFIED AS WEAPONS BY USE OR APPEARANCE WITHOUT AUTHORIZATION.

S. 3071--A                          6

  6. STAFFING. PROGRAMS OPERATED, LICENSED, CERTIFIED OR  REGISTERED  BY
THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL COMPLY WITH THE FOLLOW-
ING STAFFING REQUIREMENTS:
  (A)  THOSE  PROGRAMS  ACCEPTING  YOUTHS  WITH RISK LEVEL I ASSESSMENTS
SHALL HAVE STAFFING SUFFICIENT TO ENSURE THE SAFETY OF THE EMPLOYEES AND
RESIDENTS OF THE PROGRAM.
  (B) THOSE PROGRAMS ACCEPTING YOUTHS WITH  RISK  LEVEL  II  ASSESSMENTS
SHALL  HAVE  STAFFING  SUFFICIENT  TO  ENSURE  THAT NO EMPLOYEE SHALL BE
REQUIRED TO SUPERVISE NO MORE THAN ONE SUCH YOUTH, UNLESS  THE  EMPLOYEE
IS  ACCOMPANIED  BY  NOT  LESS THAN ONE OTHER EMPLOYEE OF THE PROGRAM OR
ANOTHER APPROPRIATE PERSON.
  (C) THOSE PROGRAMS ACCEPTING YOUTHS WITH RISK  LEVEL  III  ASSESSMENTS
SHALL BE SECURE OR LIMITED SECURE FACILITIES.
  S  6. Subdivision 4 of section 504 of the executive law, as amended by
chapter 687 of the laws of 1993, is amended to read as follows:
  4. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall  deter-
mine,  SUBJECT  TO  THE PROVISIONS OF SECTION FIVE HUNDRED ONE-I OF THIS
ARTICLE, the particular [division] OFFICE facility or program in which a
child placed with [the division] SUCH OFFICE shall be cared  for,  based
upon  an evaluation of such child. The [division] OFFICE OF CHILDREN AND
FAMILY SERVICES shall, SUBJECT TO THE PROVISIONS OF SECTION FIVE HUNDRED
ONE-I OF THIS ARTICLE AND AFTER A COMPLETE REVIEW  OF  THE  RECORDS  AND
FILES  OF  A  CHILD,  also  have authority to discharge or conditionally
release children placed with it and to transfer  such  children  from  a
limited  secure  or  non-secure  facility to any other limited secure or
non-secure facility, when the interest of such  children  requires  such
action;  provided that a child transferred to a non-secure facility from
a limited secure facility may be returned to a limited  secure  facility
upon a determination by the [division] OFFICE that, for any reason, care
and  treatment  at  the  non-secure  facility  is  no  longer  suitable.
PROVIDED, HOWEVER, THAT NO SUCH DISCHARGE, RELEASE OR TRANSFER SHALL  BE
AUTHORIZED  IF  THE  CHILD'S  RECORDS  AND FILES INCLUDE (A) TWO OR MORE
LEVEL C RULE VIOLATIONS WITHIN THREE MONTHS PRIOR TO A  PROPOSED  PLACE-
MENT  IN  A  LESS  SECURE  FACILITY,  OR  (B)  FOUR OR MORE LEVEL B RULE
VIOLATIONS WITHIN THREE MONTHS PRIOR TO A PROPOSED PLACEMENT IN  A  LESS
SECURE FACILITY, OR (C) NOTATION OF ANY CONDUCT OR ACT COMMITTED BY SUCH
CHILD WHICH WOULD CONSTITUTE A CRIME DEFINED IN THE PENAL LAW IF COMMIT-
TED BY AN ADULT.
  S  7.  Section  507-a  of the executive law is amended by adding a new
subdivision 6 to read as follows:
  6. THE OFFICE OF CHILDREN AND FAMILY SERVICES NOT LESS THAN  TEN  DAYS
BEFORE  THE  MOVEMENT  OF  ANY YOUTH, COMMITTED TO THE CUSTODY OR SUPER-
VISION OF SUCH OFFICE, TO ANY FACILITY OR  PROGRAM  OPERATED,  LICENSED,
REGISTERED,  CERTIFIED OR AUTHORIZED BY THE OFFICE, SHALL PROVIDE NOTICE
OF THE MOVEMENT OF SUCH YOUTH TO THE DIVISION OF STATE  POLICE  AND  THE
LOCAL  LAW  ENFORCEMENT  AGENCY HAVING JURISDICTION OVER THE FACILITY OR
PROGRAM TO WHICH THE YOUTH IS TO BE MOVED. SUCH  NOTICE  SHALL  INCLUDE,
BUT  NOT  BE  LIMITED TO, REPORTS OF THE YOUTH'S PRIOR ASSAULTS, ACTS OF
VIOLENCE, ATTEMPTED SUICIDES, ESCAPES AND ATTEMPTED ESCAPES WHILE IN THE
CARE AND CUSTODY OF THE OFFICE, AND CRIMINAL CHARGES.
  S 8. Title 2 of article 19-G of the executive law is amended by adding
a new section 510 to read as follows:
  S 510. REPORTS OF YOUTH CRIMINAL  ACTIVITY;  REQUIRED.  1.  (A)  EVERY
OFFICER  AND  EMPLOYEE  OF A FACILITY OR PROGRAM, THAT IS SUBJECT TO THE
PROVISIONS OF THIS TITLE, SHALL REPORT OR CAUSE A REPORT TO BE MADE TO A
LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHEN SUCH OFFICER OR EMPLOYEE

S. 3071--A                          7

HAS REASONABLE CAUSE TO SUSPECT BASED UPON PERSONAL KNOWLEDGE OF  FACTS,
CONDITIONS OR CIRCUMSTANCES THAT A YOUTH IN SUCH FACILITY OR PROGRAM HAS
COMMITTED  AN  ACT,  WHICH  IF  THE YOUTH WAS AN ADULT, WOULD BE A CRIME
DEFINED  IN THE PENAL LAW, OR HAS COMMITTED A CRIME DEFINED IN THE PENAL
LAW.
  (B) AFTER SUBMITTING A REPORT TO THE  LAW  ENFORCEMENT  AGENCY  HAVING
JURISDICTION,  THE  OFFICER AND EMPLOYEE SHALL PROVIDE NOTICE THEREOF TO
HIS OR HER EMPLOYER AND TO THE OFFICE OF CHILDREN AND  FAMILY  SERVICES.
NEITHER  OPERATOR  OF  A  FACILITY  OR  PROGRAM  THAT  IS SUBJECT TO THE
PROVISIONS OF THIS TITLE, NOR THE OFFICE OF CHILDREN AND FAMILY SERVICES
SHALL DENY A LAW ENFORCEMENT AGENCY ACCESS  TO  ANY  PROGRAM,  FACILITY,
OFFICER,  EMPLOYEE  OR  YOUTH  WHILE  SUCH AGENCY IS IN THE COURSE OF AN
INVESTIGATION RELATING TO A REPORT SUBMITTED PURSUANT TO  PARAGRAPH  (A)
OF THIS SUBDIVISION.
  (C)  NO  OPERATOR  OF  A  PROGRAM  OR FACILITY LICENSED, REGISTERED OR
CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL  TAKE  ANY
RETALIATORY  PERSONNEL  ACTION, AS SUCH TERM IS DEFINED IN PARAGRAPH (E)
OF SUBDIVISION ONE OF SECTION SEVEN HUNDRED  FORTY  OF  THE  LABOR  LAW,
AGAINST  AN  EMPLOYEE  BECAUSE SUCH EMPLOYEE BELIEVES THAT HE OR SHE HAS
REASONABLE CAUSE TO SUSPECT THAT A YOUTH HAS COMMITTED  A  CRIMINAL  ACT
AND  THAT  EMPLOYEE  THEREFORE  MAKES  A  REPORT IN ACCORDANCE WITH THIS
TITLE. NO FACILITY OR PROGRAM, LICENSED, REGISTERED OR CERTIFIED BY SUCH
OFFICE SHALL IMPOSE ANY CONDITIONS, INCLUDING PRIOR  APPROVAL  OR  PRIOR
NOTIFICATION, UPON A MEMBER OF ITS STAFF SPECIFICALLY REQUIRED TO REPORT
UNDER  THIS TITLE. AT THE TIME OF THE MAKING OF A REPORT, OR AT ANY TIME
THEREAFTER, SUCH PERSON OR OFFICIAL MAY EXERCISE THE  RIGHT  TO  REQUEST
THE FINDINGS OF AN INVESTIGATION MADE PURSUANT TO THIS SECTION.
  2.  ANY  PERSON,  OFFICIAL  OR  INSTITUTION  REQUIRED BY THIS TITLE TO
REPORT A YOUTH'S CRIMINAL ACT WHO WILLFULLY CONCEALS THE  COMMISSION  OF
SUCH CRIME SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
  3.  ANY  PERSON,  OFFICIAL  OR  INSTITUTION  REQUIRED BY THIS TITLE TO
REPORT A YOUTH'S CRIMINAL ACT WHO KNOWINGLY CONCEALS THE  COMMISSION  OF
SUCH CRIME SHALL BE CIVILLY LIABLE FOR THE DAMAGES PROXIMATELY CAUSED BY
SUCH CONCEALMENT.
  4.  THE  OFFICE OF CHILDREN AND FAMILY SERVICES SHALL INCLUDE INSTRUC-
TION ON THE PROVISIONS OF THIS SECTION AS PART OF THE TRAINING  REQUIRED
BY SUBDIVISION TWELVE-A OF SECTION FIVE HUNDRED ONE OF THIS ARTICLE.
  S  9.  Subdivision 1 of section 510-c of the executive law, as amended
by chapter 465 of the laws of 1992, is amended to read as follows:
  1. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES may,  SUBJECT
TO  THE  PROVISIONS  OF  SECTION  FIVE HUNDRED ONE-I OF THIS ARTICLE AND
AFTER A COMPLETE REVIEW OF  THE  RECORDS  AND  THE  FILES  OF  A  CHILD,
discharge  from  its custody any child placed with the [division] OFFICE
whenever it deems such discharge to be in the best interest of the child
and there is reasonable probability that the  child  can  be  discharged
without  endangering the public safety; provided, however, that no child
while absent from [a division] AN OFFICE facility without the consent of
the director of such facility shall  be  discharged  by  the  [division]
OFFICE  solely by reason of the absence[, and]; provided further that no
child in the custody of the [division] OFFICE  and  transferred  to  the
department  of  mental hygiene, while absent from a department of mental
hygiene facility without the consent of the superintendent  or  director
of  such  facility,  shall  be  discharged  by the [division]OFFICE; AND
PROVIDED, FURTHER, THAT NO CHILD SHALL  BE  DISCHARGED  IF  HIS  OR  HER
RECORDS AND FILES INCLUDE (A) TWO OR MORE LEVEL C RULE VIOLATIONS WITHIN
THREE MONTHS PRIOR TO A PROPOSED PLACEMENT IN A LESS SECURE FACILITY, OR

S. 3071--A                          8

(B)  FOUR OR MORE LEVEL B RULE VIOLATIONS WITHIN THREE MONTHS PRIOR TO A
PROPOSED PLACEMENT IN A LESS SECURE FACILITY, OR  (C)  NOTATION  OF  ANY
CONDUCT  OR  ACT COMMITTED BY SUCH CHILD WHICH WOULD CONSTITUTE A DESIG-
NATED FELONY CRIME DEFINED IN THE PENAL LAW IF COMMITTED BY AN ADULT.
  S  10.  Section  837  of  the executive law is amended by adding a new
subdivision 21 to read as follows:
  21. ESTABLISH RULES AND REGULATIONS REQUIRING,  UPON  REQUEST  OF  THE
OPERATOR  OF  A FACILITY OR PROGRAM LICENSED, REGISTERED OR CERTIFIED BY
THE OFFICE OF CHILDREN AND FAMILY SERVICES, WHEN A  YOUTH  HAS  ABSENTED
HIMSELF  OR HERSELF FROM SUCH FACILITY OR PROGRAM WITHOUT AUTHORIZATION,
THAT A POLICE OFFICER HAVING JURISDICTION ESCORT  AN  EMPLOYEE  OF  SUCH
FACILITY OR PROGRAM TO THE ABSENT YOUTH'S PLACE OF RESIDENCE TO INVESTI-
GATE  WHERE  SUCH YOUTH HAS FLED. EVERY SUCH POLICE OFFICER SHALL ASSIST
THE EMPLOYEE IN TAKING THE YOUTH INTO CUSTODY AND RETURNING THE YOUTH TO
THE FACILITY OR PROGRAM TO WHICH THE YOUTH IS ASSIGNED.
  S 11. Section 166 of the family  court  act  is  amended  to  read  as
follows:
  S  166.  Privacy  of records. (A) The records of any proceeding in the
family court shall not be  open  to  indiscriminate  public  inspection.
However,  the  court  in  its  discretion  in  any  case  may permit the
inspection of any papers or records. Any duly authorized agency, associ-
ation, society or institution to which a child is committed may cause an
inspection of the record of investigation to  be  had  and  may  in  the
discretion  of  the  court  obtain  a  copy of the whole or part of such
record.
  (B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
THE RECORDS OF EVERY JUVENILE DELINQUENCY PROCEEDING IN THE FAMILY COURT
OF A PERSON, WHO IS PLACED WITH OR  COMMITTED  TO  THE  CUSTODY  OF  THE
OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES,  SHALL  BE  OPEN  TO AND BE
PROVIDED:
  (1) TO THE STAFF MEMBERS AND EMPLOYEES OF THE FACILITY, WHETHER  OPER-
ATED  BY SUCH OFFICE OR NOT, IN WHICH SUCH PERSON IS PLACED OR COMMITTED
AS A JUVENILE DELINQUENT, JUVENILE OFFENDER OR YOUTHFUL OFFENDER BY  THE
OFFICE OF CHILDREN AND FAMILY SERVICES WHEN THE STAFF MEMBER OR EMPLOYEE
IS  RESPONSIBLE  FOR  THE  CARE, CUSTODY, TREATMENT, HOUSING, EDUCATION,
REHABILITATION OR GUIDANCE OF THE PERSON;
  (2) IN THE EVENT SUCH PERSON ENGAGES IN  CONDUCT  OR  COMMITS  AN  ACT
WHICH  WOULD  CONSTITUTE  A CRIME DEFINED IN THE PENAL LAW IF THE PERSON
WAS AN ADULT OR COMMITS A CRIME DEFINED IN THE PENAL LAW, TO THE  COURT,
THE  PRESENTMENT AGENCY OR DISTRICT ATTORNEY, AND SUCH PERSON'S ATTORNEY
UPON THE FILING OF CHARGES AGAINST THE PERSON RELATING  TO  SUCH  CRIME;
AND
  (3)  TO ANY FOSTER PARENTS HAVING CUSTODY OF SUCH PERSON AFTER RELEASE
FROM THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES.
  S 12. Section 720.35 of the  criminal  procedure  law  is  amended  by
adding a new subdivision 5 to read as follows:
  5.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION,
ALL OFFICIAL RECORDS AND PAPERS OF A YOUTHFUL OFFENDER, WHO IS COMMITTED
TO THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY  SERVICES  SHALL  BE
OPEN TO AND BE PROVIDED TO:
  (A)  THE STAFF MEMBERS AND EMPLOYEES OF THE FACILITY, WHETHER OPERATED
BY SUCH OFFICE OR NOT, IN WHICH THE OFFENDER IS COMMITTED BY THE  OFFICE
OF  CHILDREN  AND  FAMILY  SERVICES WHEN THE STAFF MEMBER OR EMPLOYEE IS
RESPONSIBLE FOR THE CARE, CUSTODY, TREATMENT, HOUSING, EDUCATION,  REHA-
BILITATION OR GUIDANCE OF THE YOUTHFUL OFFENDER;

S. 3071--A                          9

  (B)  IN THE EVENT THE YOUTHFUL OFFENDER COMMITS A CRIME DEFINED IN THE
PENAL LAW, TO  THE  COURT,  THE  DISTRICT  ATTORNEY,  AND  THE  YOUTHFUL
OFFENDER'S  ATTORNEY  UPON  THE  FILING OF CHARGES AGAINST SUCH OFFENDER
RELATING TO SUCH CRIME; AND
  (C)  TO  ANY  FOSTER  PARENTS HAVING CUSTODY OF SUCH YOUTHFUL OFFENDER
AFTER RELEASE FROM THE CUSTODY OF THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES.
  S  13.  Section  725.15  of  the criminal procedure law, as amended by
chapter 7 of the laws of 2007, is amended to read as follows:
S 725.15 Sealing of records.
  1. Except where specifically required or permitted by statute or  upon
specific  authorization  of the court that directed removal of an action
to the family court all official records and papers of the action up  to
and  including  the  order of removal, whether on file with the court, a
police agency or the division of criminal justice services,  are  confi-
dential  and  must  not  be  made  available  to any person or public or
private agency, provided however that availability of copies of any such
records and papers on file with the family court shall  be  governed  by
provisions that apply to family court records, and further provided that
all official records and papers of the action shall be included in those
records and reports that may be obtained upon request by the commission-
er of mental health or commissioner of [mental retardation and] develop-
mental  disabilities,  as  appropriate;  the  case review panel; and the
attorney general pursuant to section 10.05 of the mental hygiene law.
  2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
ALL  OFFICIAL  RECORDS  AND  PAPERS  OF AN ACTION RELATING TO A JUVENILE
OFFENDER, WHO IS PLACED WITH THE OFFICE OF CHILDREN AND FAMILY  SERVICES
SHALL BE OPEN TO AND BE PROVIDED:
  (A)  TO THE STAFF MEMBERS AND EMPLOYEES OF THE FACILITY, WHETHER OPER-
ATED BY SUCH OFFICE OR NOT, IN WHICH  THE  OFFENDER  IS  PLACED  BY  THE
OFFICE OF CHILDREN AND FAMILY SERVICES WHEN THE STAFF MEMBER OR EMPLOYEE
IS  RESPONSIBLE  FOR  THE  CARE, CUSTODY, TREATMENT, HOUSING, EDUCATION,
REHABILITATION OR GUIDANCE OF THE JUVENILE OFFENDER;
  (B) IN THE EVENT THE JUVENILE OFFENDER ENGAGES IN CONDUCT  OR  COMMITS
AN  ACT  WHICH  WOULD CONSTITUTE A CRIME DEFINED IN THE PENAL LAW IF THE
OFFENDER WAS AN ADULT OR COMMITS A CRIME DEFINED IN THE  PENAL  LAW,  TO
THE  COURT,  THE  PRESENTMENT  AGENCY  OR  DISTRICT  ATTORNEY,  AND SUCH
OFFENDER'S ATTORNEY UPON THE FILING  OF  CHARGES  AGAINST  THE  JUVENILE
OFFENDER RELATING TO SUCH CRIME; AND
  (C)  TO  ANY  FOSTER  PARENTS HAVING CUSTODY OF SUCH JUVENILE OFFENDER
AFTER RELEASE FROM THE CUSTODY OF THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES.
  S  14. Subdivision 2 of section 212 of the judiciary law is amended by
adding a new paragraph (u) to read as follows:
  (U) ADOPT RULES, ORDERS AND FORMS PROVIDING FOR THE PROVISION  OF  THE
OFFICIAL  RECORDS AND PAPERS OF JUVENILE DELINQUENTS, JUVENILE OFFENDERS
AND YOUTHFUL OFFENDERS  PURSUANT  TO  SUBDIVISION  (A)  OF  SECTION  ONE
HUNDRED  SIXTY-SIX  OF THE FAMILY COURT ACT, SUBDIVISION FIVE OF SECTION
720.35 OF THE CRIMINAL PROCEDURE LAW, AND  SUBDIVISION  TWO  OF  SECTION
725.15 OF THE CRIMINAL PROCEDURE LAW.
  S  15.  Severability.  If  any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of  competent  jurisdic-
tion  to be invalid and after exhaustion of all further judicial review,
the judgment shall not affect, impair or invalidate the remainder there-
of, but shall be confined in its  operation  to  the  clause,  sentence,

S. 3071--A                         10

paragraph,  section or part of this act directly involved in the contro-
versy in which the judgment shall have been rendered.
  S 16. This act shall take effect on the first of January next succeed-
ing  the date on which it shall have become a law; provided that, effec-
tive immediately, any rules and regulations necessary to  implement  the
provisions  of  this  act  on  its  effective  date are authorized to be
promulgated, repealed and/or amended on or before such date.